A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On March 18, 201, the Defendant received a summary order of KRW 2,50,000 from the Seoul Eastern District Court as a crime of violation of the Road Traffic Act (driving).

【Criminal Facts】

On November 9, 2019, at around 20:25, the Defendant driven a DNA cargo vehicle with a blood alcohol concentration of about 0.076% in the section of about 1km from the front of the convenience store in which it is impossible to identify the trade name in the Jung-gu, Daejeon, Daejeon to the front of the convenience store in which it is difficult to identify the trade name in the Jung-gu, Daejeon to the front of the Daejeon-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the control of drinking driving, report on the actual state of drinking drivers, and investigation report;

1. Previous records of judgment: Application of criminal records, references to criminal records, amounts of dispositions, and reporting Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances unfavorable to the defendant: The Road Traffic Act amended on December 24, 2018, and enforced on June 25, 2019, which came into force on two or more occasions, has strengthened the punishment to be imposed by imprisonment with prison labor for not less than two years but not more than five years (one year and not more than two years, even if the sentence is mitigated).

Defendant is punished for drinking driving in the past five times (the suspension of the execution of imprisonment in 201, the suspension of the execution of imprisonment in 2001, the year 2003, the year 2007 and the year 201).

Circumstances favorable to the defendant: The defendant was sentenced to a suspended sentence of imprisonment due to the same crime because he was punished by the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the time until about 20 years.

After all, there is no criminal records exceeding fines.